John Valdez’s Legal Blog

One of the pleasant surprises for nonimmigrants this year has been the availability of H-1B visas.  Normally, the H-1B Cap is reached long before people can begin using them on October 1st of each new fiscal year.  This year, because of the weak job market, many fewer people have applied for H-1B status.  The result is that there are still H-1B visas available.

The USCIS just released its latest H-1B count.  So far this fiscal year, it has received 53,800 petitions for new H-1B employment under the 65,000 Cap.  Yearly, there are also an additional 20,000 H-1B numbers available for those with U.S. Master degrees or higher, but that cap has now been reached; thus, those with Master degrees will now have to fit under the 65,000 Cap.

While it is impossible to say exactly how long H-1B visas will remain available, it is certainly possible that the numbers will be exhausted in the next one to two months.  From that time on, H-1B visas will not be available until October 1, 2010.  Therefore, if you are thinking of using this classification, I recommend that you seek immigration assistance as soon as possible.  Also, there are a number of exceptions to the annual Cap.  A qualified immigration attorney can provide advice regarding these exceptions.